Aman Anand @ Lambu @ Lallu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29311 of 2018 Arising Out of PS. Case No.-358 Year-2017 Thana- TAJPUR District- Samastipur ====================================================== Aman Anand @ Lambu @ Lallu S/o Sri Sunil Prasad Singh, R/o Vill.- Chak, P.S.- Matihani, District- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Babita Kumari, Advocate For the Opposite Party/s :

Mr. Ahmad Ali (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-05-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Tajpur P.S Case No. 358 of 2017 registered for the offences punishable under Sections 115, 120-B, 399, 402 of the Indian Penal Code and Section 25(1-AA), 25(1-AAA), 25(1-B) (a), 26, 35 of the Arms Act.

Allegedly, from the possession of the petitioner one loaded countrymade pistol and from magazine five cartridges were recovered.

Submission is of false implication and that after arrest in this case the petitioner has been made accused in four more cases but in those cases the petitioner is not named in the First Information Report, the petitioner has been made victim of

Patna High Court Cr.Misc. No.29311 of 2018(2) dt.18-05-2018 2/2 the circumstances. The alleged search and seizure have not been made as per the mandatory provision of law. The petitioner is in custody since 03.11.2017 and now by remaining in custody has been sufficiently penalized and, as such, the petitioner deserves sympathetic consideration.

Learned A.P.P. fairly submits that the petitioner has remained in custody for more than six months. In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sessions Judge, Samastipur, in connection with Sessions Trial No. 21 of 2018 arising out of Tajpur P.S. Case No. 358 of 2017, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.) Rajiv/- U T